119-hr4216

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4216 Referred in Senate

    (RFS) ]

<DOC>
119th CONGRESS
 1st Session
 H. R. 4216

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 3, 2025

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

 AN ACT

To direct the Secretary of State, in coordination with the Secretary of 
 Defense, to carry out a review of the list of defense articles and 
 services required to be transferred under the foreign military sales 
 program as opposed to direct commercial sale (FMS-Only List).

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Made-in-America Defense Act''.

SEC. 2. SENSE OF CONGRESS.

 Congress--

    (1) believes the expeditious delivery of defense articles 
 and services to allies and partners strengthens American 
 national security;

    (2) notes that the Department of Defense contracting 
 process often adds significant amounts of time to the delivery 
 of defense articles and services to allies and partners, and in 
 some cases these articles and services could be appropriately 
 transferred more quickly using direct commercial sales; and

    (3) supports the ongoing and periodic review of the FMS-
 Only List to ensure that defense articles and services that can 
 be appropriately transferred using direct commercial sales are 
 not included on the FMS-Only list.

SEC. 3. REVIEW AND REPORT.

    (a) Review.--

    (1) In general.--Not later than 1 year after the date of 
 the enactment of this Act, and annually thereafter, the 
 Secretary of State, in coordination with the Secretary of 
 Defense, shall carry out a review of defense articles and 
 defense services that are eligible to be provided under the 
 foreign military sales program under chapter 2 of the Arms 
 Export Control Act, but not eligible to be provided under 
 direct commercial sales under 

section 38 of such Act, in order 
 to identify those articles and services that should also be 
 eligible to be provided under direct commercial sales.

    (2) Matters to be addressed.--The review required by this 
 subsection shall address the following with respect to each 
 defense article and defense services identified under this 
 subsection:
        (A) The average length of time to complete a 
 transfer of the article or service under the foreign 
 military sales program compared to such a transfer 
 under a direct commercial sale, measured from the 
 initial submission of the letter of request to the 
 delivery of the article or service.
        (B) The impact on the workload for the Department 
 of State and Department of Defense by reason of a 
 transfer of the article or service under a direct 
 commercial sale.
            (C) The benefits to United States national security 
 and United States competitiveness by reason of a 
 transfer of the article or service under a direct 
 commercial sale.

    (b) Report.--

    (1) In general.--Not later than 30 days after the 
 completion of each review required by subsection

    (a) , the 
 Secretary of State, in coordination of the Secretary of 
 Defense, shall submit to the appropriate congressional 
 committees a report that contains the results of the review, 
 including--
        (A) the average time to transfer the reviewed 
 defense articles or services during the previous 
 reporting period through the foreign military sales 
 program and through direct commercial sales and how 
 those averages compare to the averages reported in the 
 previous reporting period;
        (B) the leading causes of delays;
            (C) any steps taken to reduce those delays; and
            (D) any defense articles and services added to or 
 removed from the FMS-Only list during the preceding 
 reporting period, as well as the justification for such 
 decisions.

    (2) Form.--The report required by this subsection shall be 
 submitted in unclassified form, but may contain a classified 
 annex.

    (3) === Definitions. ===
-In this subsection--
        (A) the term ``appropriate congressional 
 committees'' means--
            (i) the Committee on Foreign Affairs and 
 the Committee on Armed Services of the House of 
 Representatives; and
            (ii) the Committee on Foreign Relations and 
 the Committee on Armed Services of the Senate; 
 and
        (B) the term ``FMS-only list'' means the list 
 maintained by the Secretary of State of defense 
 articles and defense services that are eligible to be 
 provided under the foreign military sales program under 
 chapter 2 of the Arms Export Control Act, but not 
 eligible to be provided under direct commercial sales 
 under 

section 38 of such Act.

 Passed the House of Representatives September 2, 2025.

 Attest:

 KEVIN F. MCCUMBER,

 Clerk.